Employees taking sickies, excessive drinking and over-zealous banter are among the issues employers need to be aware of as England progress to the semi-finals of Euro 2020, says an employment law expert.
The country has been glued to the television watching Gareth Southgate’s Three Lions battle their way to a chance to appear in England’s first European Championship semi-final since 1996.
England take on Denmark tomorrow evening and if they win it could create problems for bosses the next day.
However, Joanne Holborn – partner and head of employment law at solicitors Baines Wilson, in Carlisle – said businesses need to be aware of potential headaches among the Europhoria.
One common problem may be people taking unauthorised sick days to watch games or after too much celebration.
“Employers should make staff aware in advance how Euro-related unauthorised absence will be dealt with and consider measures to act as a deterrent,” said Joanne.
“Examples could include greater scrutiny of absences during the tournament, carrying out return to work interviews for all absences and taking disciplinary action for the worst offenders.
“Employers should also review contracts and handbooks to ascertain whether they have the ability to withhold pay for unauthorised absence.
“However, any deductions from salary need to be allowable under the contract as the employee could make a claim for unlawful deduction from wages.”
Take steps to minimise impact of Euro 2020 on your business
Joanne said employers can take steps to minimise unauthorised absence with measures such as allowing staff to finish slightly early to get home in time for kick-off or permitting shift swaps, as long as this can be done without affecting the normal function of the business.
In addition, she says businesses should ensure they have a clear alcohol policy in place in case people miss work, are late or cannot work as well as required due to drinking.
“It is essential as it allows employers to make it clear to employees what will and will not be tolerated in relation to being under the influence of alcohol in the workplace and other alcohol related issues,” said Joanne.
“There is also likely to be an increase in holiday requests. Employers should ensure that when they are considering requests, they act fairly and consistently. Any decision should be based on non-discriminatory criteria and employers should consider dealing with a high volume of requests on a ‘first come first served’ basis or using a rota system.”
Social media pitfalls
Other potential problems could arise from the increased use of social media, Joanne added.
“Employers should ensure that they direct employees to their social media and IT policies,” she said.
“If there is no existing policy in place, now would be an ideal time to implement one in order to point out to employees what is and is not acceptable and how any breaches of such policies will be dealt with.”
Finally, it is important to make sure football banter does not spill over into offensive remarks triggering discrimination claims.
Workers of all nationalities should be given equal consideration for requests to finish early or take time off to watch matches and it should be made clear that discriminatory language is not acceptable.
“Employers are vicariously liable for acts of their employees during the course of employment but can establish a defence by showing that they have taken all reasonable steps to prevent discrimination taking place,” said Joanne.
“This could include additional guidance issued in line with an equal opportunities policy, equal opportunities training or swift disciplinary action in light of employee conduct.”
